Section 88.04. Licensee and service provider.

 

(1)   Qualifications.

(a) A licensee shall be at least 21 years of age and shall be physically, emotionally and mentally capable of providing care for residents of the adult family home.

(b) A service provider shall be at least 18 years of age.

(c) The licensee and service provider shall be persons who are responsible, mature and of reputable character and who exercise and display the capacity to successfully provide care for 3 or 4 unrelated adult residents as identified in the home's program statement.

(2)   Responsibilities.

(a) The licensee shall ensure that the home and its operation comply with this chapter and with all other laws governing the home and its operation.

(b) The licensee shall ensure that he or she or a service provider is present and awake at all times if any resident is in need of continuous care.

(c) The licensee shall report in writing to the licensing agency any change in the type of individual served at least 30 days before the change. A 30 day written notice of any change in type of individual served shall also be provided to each resident and each resident's guardian, designated representative, service coordinator, placing agency and third party payee.

(d) The licensee shall ensure that at least one copy of ch. DHS 88 is in the home at all times and is available for review by any resident, any resident's guardian or designated representative or any service provider.

(e)

1. The licensee shall refer a resident to the county protective services agency designated under s. 55.02 , Stats., if the licensee believes the resident is incompetent as defined in s. 54.10 (3) , Stats., for an evaluation to determine if a competency proceeding under ch. 54 , Stats. , is needed.

2. If a guardian of a person who has been found incompetent under ch. 54 , Stats. , places a person in the home and the resident objects to the placement, the licensee shall notify the agency designated under ch. 55 , Stats. , for the county in which the person is living.

(f) The licensee may not permit the existence or continuation of a condition in the home which places the health, safety or welfare of a resident at substantial risk of harm.

(g)

1. The licensee shall obtain documentation from a physician, a registered nurse or a physician's assistant indicating that the licensee and any service provider has been screened for illness detrimental to residents, including for tuberculosis. The documentation is to be completed within 90 days before the start of providing service. The documentation shall be kept confidential except that the licensing agency shall have access to the documentation for verification.

2. The licensee shall ensure that no one who has a communicable disease reportable under ch. DHS 145 may work in a position in the adult family home where the disease would present a significant risk to the health or safety of residents.

(h) The licensee and all service providers involved in the operation of the adult family home shall comply with the universal precautions contained in the U.S. Occupational Safety and Health Administration Standard 29 CFR 1910.1030 for the control of blood-borne pathogens.

(i) Neither the licensee nor a service provider may sell real or personal property to a resident or prospective resident, or purchase, borrow or accept money for real or personal property from a resident or prospective resident. Gifts offered by a resident on a festive occasion are allowable if permitted by the resident's finances.

(3)   Financial security. A licensee or license applicant, on request of the licensing agency, shall produce evidence of financial stability to permit operation of the home for at least 60 days.

(4)   Insurance.

(a) Vehicle. An applicant for a license who plans to transport residents in his or her vehicle shall provide the licensing agency with a certificate of insurance documenting liability coverage. If a service provider transports residents under direction of the licensee, the service provider shall have vehicle insurance and a valid driver's license and, if requested by the licensing agency, shall provide evidence to the licensing agency at 12 month intervals, on a form provided by the licensing agency that the vehicle is in safe operating condition.

(b) Home. A license applicant shall provide the licensing agency with documentation of home owners or renters insurance coverage. The licensee shall maintain coverage in force for the entire term of the license.

(5)   Training.

(a) The licensee and each service provider shall complete 15 hours of training approved by the licensing agency related to health, safety and welfare of residents, resident rights and treatment appropriate to residents served prior to or within 6 months after starting to provide care. This training shall include training in fire safety and first aid.

(b) Except as provided in pars. (c) and (d) , the licensee and each service provider shall complete 8 hours of training approved by the licensing agency related to the health, safety, welfare, rights and treatment of residents every year beginning with the calendar year after the year in which the initial training is received.

(c) The licensing agency may require the licensee and service providers to obtain training in amounts that exceed the minimum required under par. (b) to ensure that resident health, safety and welfare are protected and promoted.

(d) The licensing agency may approve alternatives to the training requirements in pars. (a) and (b) at a licensee's request and if the licensing agency determines that any of the following has occurred:

1. The person has successfully completed substantially similar or related training.

2. The person has successfully completed course work or an academic degree program related to the care, maintenance and treatment of the type of individuals served by the adult family home as identified in the home's program statement or other persons in need of care, maintenance or treatment.

3. The person has acquired substantial and up-to-date knowledge concerning care, maintenance, treatment and health, safety, welfare and rights appropriate to a resident being served through prior experience in licensed or certified programs which are substantially similar to adult family homes.

Cr. Register, January, 1996, No. 482 , eff. 2-1-96; am. (4), Register, August, 2000, No. 536 , eff. 9-1-00; corrections in (2) (e) made under s. 13.93 (2m) (b) 7., Stats., Register October 2007 No. 622 ; correction in (2) (g) 2. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635 .

Note

For information on diseases reportable under ch. DHS 145 , contact your city or county health department. Microsoft Windows NT 6.1.7601 Service Pack 1 Information about universal precautions may be obtained from a county or city health department or from the Department's Bureau of Occupational Health, telephone [phone]. Microsoft Windows NT 6.1.7601 Service Pack 1 Program contracts or agency agreements would meet the intent of this requirement. Microsoft Windows NT 6.1.7601 Service Pack 1 Form DCS-52, Safety Inspection for Day Care Vehicles, may be obtained from any regional office of the Department's Division of Disability and Elder Services. See Appendix A. Microsoft Windows NT 6.1.7601 Service Pack 1